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    • Hi   I am sure other will be along to assist so please be patient.   I can see where you are coming from as to any prospective buyer if they done checks on your car it would look like your car has been clocked due to the mileage discrepancy.   Now the Garage that done the MOT and recorded the incorrect mileage although they has said this was there error do you actually have that in writing that they have admitted it?   Anything you do with the garage that recorded the incorrect mileage you need to stay off the phone and put everything in writing as you need a paper trail of this.   If not IMO you need to write to that garage and ask why the incorrect mileage was recorded on your MOT after your (discussion/phone call on XX/XX/2022) where they admitted the incorrect mileage was recorded and how they are going to rectify this issue with VOSA.    You also need to send that specific Garage a Subject Access Request (SAR) (giving them all your vehicle details) asking for 'ALL DATA' the simple phrase covers whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond only once they have acknowledged receipt of your SAR request, they may ask you to provide ID to confirm who you are which they are allowed to do.   As said please be patient others will be along to advise.
    • Hi   I have to agree with dx100uk on this any warranty given does not exceed your rights under The Consumer Rights Act 2015.   As for them stating this was a 'Private Sale' really the Trader sold this vehicle and you have rights under the Consumer Rights Act 2015.   Consumer Right Act Legislation:  Consumer Rights Act 2015 WWW.LEGISLATION.GOV.UK   Were you by any chance told you signed a legal agreement into a Private Sale where there are no returns or refunds?   Look at this review go down the webpage until you get to the very first one star review (15 Oct 20) and have a read of their response::   We Sell Any Auto | Car dealership in Preston | AutoTrader WWW.AUTOTRADER.CO.UK Browse all current We Sell Any Auto vehicles for sale. View contact details, customer reviews, services offered and more on We Sell Any Auto.   It may be helpful if you could post up in Multi PDF Format fully redacted the documents you signed for this car so we can see what you signed. Also have you put the cars registration into the Governments Check MOT to have a wee look at the Cars history: https://www.gov.uk/check-mot-history We Sell Any Auto Ltd   Registered Office Address: Brierley House Brierley Street, Ashton-On-Ribble, Preston, Lancashire, England, PR2 2AU   Company Number: 10485166   Company Status: Active   Incorporated: 17th November 2016   Company Type: Private Limited Company   Previous Company Names: Three Oaks Car Sales Limited -     17 Nov 2016 - 02 Dec 2019   Nature of Business: 45112 - Sale of used cars and light motor vehicles   Directors: Tom Brown (appointed 1st Dec 2019), Dan Carruthers (appointed 17th Nov 2016)   Companies House link: https://find-and-update.company-information.service.gov.uk/company/10485166   Endole link: https://suite.endole.co.uk/insight/company/10485166-we-sell-any-auto-ltd   Bizdb link: https://www.bizdb.co.uk/company/three-oaks-car-sales-limited-10485166/
    • Hmm sounds like they are covering for him especially as he opened door and walked in.  No need to report it just ask for advise re what they would class this as for your complaint.  Clearly he has broken the law. I have a post regarding dpd where he tried to push his way in to a neighbours house and demand that she is in the living room holdìng the parcel. Dpd are known for doing this sort of thing. I have made several complaints about them and there male staff trying to force the way into houses past females. One even tried it with me tho bad mistake as they thought l was alone. The guy could not see my 18 yr old Son upstairs, my partner coming threw from Kitchen and a friend at side of house. As soon as my partner and friend appeared he decided a picture on doorstep is fine despite our friend tecording the guy before he noticed him and the video being forwarded to dpd they have done nothing.  I know he still works for them as he delivered to me Tuesday.  You need to kick up a stink tell them you want a copy of the complaints procedure. Maybe even policys on driver behaviour. 
    • Sri Lanka's giant neighbour is emerging as one of its biggest providers of aid, after years of mistrust.View the full article
    • One of the things that could help your case is their first PCN to you. Could you please post it up as I think there will be at least one thing that would help in your defence.
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Barclaycard Late Payment charges - Over 6 years ago...


Blagton
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Hi Blagton,

 

Firstly, what you should claim is the full amount of every charge, not just the excess over £12. Although the OFT set the charge ceiling at £12, the lawfulness of the charges was never tested. We maintain that the penalty charges are unlawful and should be repaid in full.

 

Secondly, if ALL of the charges were over 6 years old, I would have suggested that you consider the matter very carefully before proceeding. This is because you'd have to use s.32 Limitation Act for ALL the charges.

 

However, if SOME of the charges are still "in date", I believe this gives the WHOLE of your claim a better chance of success with Barclays.

 

Read the advice given here a few days back - http://www.consumeractiongroup.co.uk/forum/showthread.php?377595-Barclaycard-Help-Required&p=4094045&viewfull=1#post4094045

 

You should read the Interest Tutorial here to see how and why you should claim interest in restitution - http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

 

Open this spreadsheet but change the interest rate to 24.9% - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls Then enter all your charges data onto the spready.

 

Once you've done this, please confirm the approx totals for :-

 

1. Charges older than 6 years.

 

2. Charges within the last 6 years.

 

3. Interest at 24.9% on all the charges as per the spready.

 

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Hi Blagton,

 

The "Out of Order" fee is a penalty and should be reclaimed.

 

My experience does not extend to similar claims with NatWest. Each bank tends to have their own Modus Operandi and you should be guided by threads in the NatWest forum for that claim.

 

The total of the 2 claims comes to approx £7,375 so, if the claims were run at the same time, BC would seek to have both heard together as one claim. That would put the claim up into the Fast Track bracket which brings an increased risk of exposure to costs if the claim was successfully defended by Barclays. However, you could seek to have the claim kept on the Small Claims Track because the issues are relatively simple. There's also the possibility that the Small Claims limit will be increased to £10K but that may be too late to help you here.

 

Barclays tend to defend cases initially but then negotiate a settlement before a final hearing. But you must not rely on that happening and should only proceed with your claim if you're prepared to see it through to a final hearing and argue your case before a judge.

 

They will always refuse to settle a claim which includes interest in restitution and/or charges older than 6 years. They only negotiate when court proceedings have been lodged against them and a hearing date is looming.

 

The choice on starting the claim is really your decision and nobody else can make it for you. Weigh up the pros and cons, the likely spend on court fees (initial Claim Fee, Allocation Fee, Hearing Fees) and decide if the possible gain is worth the cost of proceeding.

 

If it goes to court, it's down to the judge on the day and how well you argue your case for s.32 Limitation Act.

 

But, as I've already said, Barclays have tended to settle cases before a final hearing.

 

Go through the BC **WON with int't in restitution** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

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Hi Blagton,

 

Allocation is down to the judge but, if both parties agree to SCT, that would be influential. However, the bank's sol'rs will be happy to see the case go to the Fast Track so you're exposed to a greater costs risk if you lost. See more here - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26#IDA5GTBB

 

If you were just to claim back the late fees without interest in restitution, Barclays will refuse to pay on the basis that the charges are Statute Barred. You will therefore be forced to take court action...............

 

.............. and, if you're taking court action, you may as well make it worth your while by claiming the Int't in Rest'n.

 

:wink:

Edited by slick132
correct link added
  • Confused 1

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Hi Blagton,

 

Sorry, the link I posted above was the wrong one but it's now been replaced with the right one linking you to the CPR about allocation of claims.

 

We can't make the decision for you - you must decide based on all the info you have available.

 

Personally, I think the risk of losing is outweighed by the potential gain if you win. My opinion is also based on the likelihood of Barclays settling your claim before a final court hearing.

 

However, it is YOU who would have to pay out the court fees. Also, if you lost, there's a chance of costs being awarded against you.

 

Regarding your final question, Barclays do not, in my experience or opinion, have a habit of closing a/c's or withdrawing facilities in retaliation.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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